Obviousness-Type Double Patenting (ODP): Demystifying Recent Trends and Significant Court Rulings

Overview:

In the U.S. and Canada, courts have designed the doctrine of obviousness-type double patenting (ODP) to prevent inventors from gaining an unjust extension of their patent rights by obtaining patent on the obvious variants of an invention. By rejecting and invalidating ODP, courts prevent the manipulation of issue dates and patent rights by patentees. For years, the scope and applicability of this judicially created doctrine have been continuously shaped by emerging court rulings. In the U.S., two of the sweeping decisions recently issued were Novartis AG v. Ezra Ventures LLC and Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical Inc. In Canada, double patenting practice continues to diverge from U.S. practice, and the differences can have a significant impact on patent strategy.  

Patent practitioners should be in the know of the recent court rulings and significant issues surrounding ODP rejections to better handle potential patent risk issues for their clients.

In this LIVE Webcast, patent experts Jennifer Ledwell (Marks & Clerk Canada) and Andrew Radsch (Ropes & Gray LLP) will provide the audience with an in-depth analysis of the ever-changing ODP landscape. They will examine the implications of the recent court decisions and other ODP updates and will offer insights on how to best protect their client’s patent rights.

Key topics include:

• Implications of ODP Law
• Double Patenting – Recent Developments
• Traps and Pitfalls
• Patent Drafting and Prosecution – Best Practices
• Effective Litigation Strategies

Agenda:

Who Should Attend:

• IP Attorneys & Consultants
• Patent Attorneys
• Patent Consultants
• IP Counsel
• Patent Agents